Note 356 — Chapter III · OUTLAWS, WANDERING WORKMEN, AND PEASANTS OUT OF BOND

The year books of Edward I show a marked tendency in the judge to interpret the laws and customs in a sense favourable to the freeing of the villein. One of the harsh theories of former days is declared by him “pejus quam falsum pur ce qe ce est heresie.” “Year Books of Ed. I,” years 30–31, A.D. 1302, ed. Horwood, Rolls, p. 167. See also, in the vol. for the years 34–35, the suit p. 13. But the judge could act thus only in doubtful cases: a man having acknowledged, in the presence of his master, that he was a villein, the judge says to the master: “Prenez le par le cou, comme votre vilain, lui et sa descendance à toujours.” Vol. for the years 30–31, p. 201.